Author Name:   bhanwaradityajadon

The Judgment of Aruna Shanbaug as pronounced by the Supreme Court of India and its observation on the Passive Euthanasia and Euthanasia is not an object of medico-legal Research

Memoirs of A Funeral Slave

This Article is a contemplation of what could have been thought by the victim under Euthenesia.

I shouted with pain! Ohh my gosh; if this is my fate, let my soul rest in peace. I was mewling so loud, in a perpetual succession, as if my cochlear (thin layer in Ears) would burst but with my little consciousness found out that the doctor nearby was not ready to accord any heed to my plight full emotions. How could he be so apathetic, as the shout which I had been boasting was as loud as would burst my cochlear but the doctor could not hear me as the bay was only my apprehension. In fact, for the rest of the world, I am brain dead and am a subject matter of Medico-Legal research.

I ‘am anonymous to the Medico-legal matrix circumventing the decisiveness of the true determination of the ambit and the purview of the phrase Euthanasia. There were people around my alleged funeral bed in the hospital on which I was lying apparently personified as being dead although I was not so. I was grueling under severe pain and suddenly someone in the group asked the meaning of the phrase is 'Euthanasia’ who was immediately replied. I wanted to laugh, as it meant ‘Mercy Killing’, but could not as the pain or the plights were a hindrance to me in letting me laugh. In fact, all that which I wanted that my sufferings shall become, is a watershed in the thought process in the cognitive faculties of the Legislative Cum politico- legal circles as the element of Mercy is not embedded in “Euthanasia’. As the people went on debating, my mind went into passive hibernation and I began my own debate and my neurons started arguing among each other leading to dichotomous yet similar questions;

Is Dying Easier Then Living ?
The above statement is not a dialogue from a bollywood movie but a reality to reckon with. The veracity of the instant statement has been laid on the edifice of presumption being that I, if not in a vegetative state, could have asked for 'death' instead of 'life'.

Some erudite fellow of the group on my side earlier apprised me just to inculcate my cognitive faculties about the recent judgment of Aruna Shanbaug, a nurse who was raped and went into the comma and is still suffering. There was another erudite fellow who enquired as to why she was still suffering. He was told that she is suffering all the more as the situation became bad to worse after the judgment as the same allowed passive Euthanasia i.e. no medical support. Since he was inquisitive, the latter erudite fellow, asked to the former, what if she is under acute emergency? The former fellow remained quiet; probably, he was also nonplussed and was searching for an answer.

Is A Right To Be Human Superseded By Human Rights?

God created the former whereas the latter were created by the so called rational Homosapiens. I always thought that no one is above almighty and the god has a fiduciary relationship with its disciples but my plights has broken my shield of illusions and the true portrait of the world has risen over the horizon confronting the realty.

Are Laws Important Than Life?

I was wondering about some legal provision which is premised on the principle that a person who is about to die does not speak a lie known as a Dying Declaration. If this is so, then I had been urging that I am about to die and is under severe duress. Both of my assertions are true but seem neither the laws are important as none is listening to me or the lives of a human being as I had been in this state of vegetative-ness for quite a long time but my cries are lending on deaf ears. Where are the implications of the Dying Declaration? Is it that in order to avail the benefits of section 32 of the Indian Evidence Act, I need to die so that this world believes my last assertions?

Euthanasia: A Good Death Or A Bad Death

As per the Oxford English Dictionary, Euthanasia is defined as" the painless killing of a patient suffering from an incurable and painful disease or an irreversible coma".

As per House of Lords Select Committee on Medical Ethics, "It is a deliberate intervention with the express intention f ending life, to relieve intractable suffering".

I read the above definitions somewhere I could not recollect but what I’ am able to recollect was an ultimate tone and tenor of the aforesaid definitions which aims at relieving the victim of its plights and not aggravating the same. It is pertinent to mention that the literal rule of interpretation has been subsumed by the apathetic modulation of the laws where the law makers are the ones who are making laws without stepping into the shoes of the victim like me. They project and market themselves as the people working for the benefit of the masses but I would surely like to break this illusion so that the mercy killing shall be inclusive of the word ‘mercy’ in its right spirit.

Is Debating Euthanasia A Pre-Curser To Relieve Pain?

As per the Famous historian N. D. A. Kemp, the contemporary debate on Euthanasia was initiated in 1870 by Samuel Williams, a school teacher, through a speech given at the Birmingham Speculative Club in England and the same was subsequently published.

In the very recent times, the issue of Euthanasia has found new contours rendering phenomenal aggravation of the ideologies leading to numerous manifestations of the word ‘mercy killing’. The connotations like, inter-alia, voluntary Euthanasia, involuntary Euthanasia and Non- voluntary Euthanasia has become the Buzzword in the Legislative Cum politico- legal circles.

If the aforesaid classification is not enough, there is another classification which can be felt but cannot be controlled. The world of today has been drifted into two arenas; one is trying to build its own opinion in order to create a legal hegemony and the other is a follower of a demonstration effect as it is waiting for the former to justify the thoughts of its nouminal world so that once the law becomes settled, the second arena can incorporate the same.

I was wondering about the result of such a debate as the same has rather become an employment opportunity as the people who have been bestowed with a responsibility of relieving the pain of its citizenry, on the contrary aggravating it. My Eyes are still searching for someone who could relieve me of my pain but unfortunately, the same although desired by me, is undesirable for the other people who happen to earn their bread and butter loathed in my blood.

Alien deprivation can only be understood by the deep insight of such adverse condition and all those people who are devoid and bereft of such insight may not be able to feel the inculcation of the plights and the sufferings which have been felt by those who have been classified as ‘Have-Nots’ of this so called civic society.

The Victim in its aforesaid memoirs has made deliberate attempt to urge the people to understand the gravity of his/her deprivation by actually stepping into the shoes of the victim. There are many victims like him who are on their way for their heavenly abode, they must have gone with a question which remains unanswered.

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